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Effective Date: April 6, 2022
Company Information
Speakeasy Events, Inc.
Doing Business As: Shakespeers
info@shakespeers.com
Speakeasy Events, Inc, doing business as Shakespeers (“Shakespeers”), is a Delaware-based corporation. Shakespeers provides a platform where parents can help their kids become better and more confident writers. Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of our website, www.shakespeers.com, (the “Site”), our products, and services. To make these Terms easier to read, the Site, our products, services, and communications with you are collectively called the “Services.” These Terms govern your access to and use of our Services, whether as visitors, registered users, account holders, or Authorized Users (defined below) (collectively “Users”). By using the Site, or any of our Services, you accept and agree to be bound and abide by these Terms. If you do not agree with any part of the Terms, please do not use the Services.
Important Notice Regarding Arbitration
When you agree to these terms, by creating an account or using the Site or any of the Services, you are agreeing, with limited exception, to resolve any disputes between you and Shakespeers through binding individual arbitration rather than in court. Please carefully review the section entitled “Dispute Resolution” for details regarding arbitration and the procedure to opt out of arbitration, should you choose to do so.
Changes to Terms and Services
Our Services are evolving, and hence we may update them and the Terms from time to time. If we modify the Terms, updates will be provided either by posting the updated Terms on our Site or through other communications. It is important that you review the Terms whenever we update them. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in the section entitled “Effect of Changes on Arbitration,” you may not use the Services anymore. We may, at our sole discretion, change or discontinue all or any part of the offerings we provide via our Services, at any time and without notice.
Who May Use the Services?
Certain Services are only available to registered Users. Before becoming a registered User, you must establish an account (an “Account”). Approval of your request to establish an Account will be at the sole discretion of Shakespeers. You may create an Account only if you are 18 years or older, are capable of forming a binding contract with Shakespeers, and are not barred from using the Services under applicable law. To use certain features of the Services you will need to provide certain information and create an account. It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep it accurate, complete, and up-to-date. You agree that you won’t disclose your Account password, where applicable, to anyone that you do not intend to have full access to your account, and you’ll notify us immediately of any unauthorized use of your Account. As a registered user, you may create profiles within your account for members of your family. Persons for whom you create a profile within your account and allow to use your account while you are logged in are referred to herein as “Authorized Users.” When you add Authorized Users, you acknowledge that you only will add Authorized Users to your account if you are their parent or legal guardian; you are responsible for the behavior of anyone who uses your Shakespeers account; and you and the Authorized Users agree to follow the site’s content rules. All transactions completed through your Account or under your Account ID will be deemed to have been lawfully completed by you. You are responsible for all activities that occur under your Account, whether or not you know about them. Shakespeers reserves the right to disable any account, profile, user name, password, or other identifier at any time, in our sole discretion for any or no reason, including if, in our opinion, there has been a violation of any provision of these Terms or of our Privacy Policy.
Accessing the Services
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Shakespeers does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Shakespeers reserves the right to modify, revise, or remove the Services we provide, including the Site, at Shakespeers's sole discretion without notice. Shakespeers may restrict access to some parts of the Site, or other Services. Shakespeers will not be liable for any outages to the Site or other Services that may occur, for whatever reason.
License
Subject to your compliance with the Terms, Shakespeers grants you and your Authorized Users a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Shakespeers.
Content Ownership, Responsibility and Removal
Definitions: For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” specifically means any Content that you, as a User (or your Authorized Users) provide to be made available through the Services, or in connection with the Services, including without limitation, any text, audio, images, video, reviews, ratings, and Feedback (defined below) you provide. For clarity, User Content includes any User content whether submitted by you or you or your Authorized Users under your account. User Content is a subset of Content,
Our Content Ownership: Shakespeers does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you or Authorized Users may have to use and exploit User Content. Subject to the foregoing, Shakespeers and its licensors exclusively own all right, title, and interest in and to its own Services and Content, including all associated intellectual property rights. You acknowledge that Shakespeers’s Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Shakespeers’s Services or Content.
Your Responsibility for User Content: You are solely responsible for all the User Content that you or your Authorized Users upload, post, provide, or otherwise make available to Shakespeers. Please carefully review the representations and warranties related to User Content in the Representations and Warranties section below.
Rights to User Content Granted by You: By making any User Content available to or through the Services or by allowing your Authorized Users to make User Content available to or through the Services, you (on your own behalf and on behalf of your Authorized Users) hereby grant to Shakespeers a perpetual, irrevocable, non-exclusive, transferable, worldwide, royalty-free, fully paid license, with the right to sublicense (through multiple tiers), to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your (or your Authorized Users’) User Content in connection with operating and providing the Services. You represent and warrant that you have sought and obtained the legal permission, rights, and licenses necessary from Authorized Users to grant the license to User Content described in this Section.
No Obligation by Shakespeers to Monitor User Content: You agree that Shakespeers is neither obligated to, nor responsible for, examining, reviewing, approving, or warranting User Content, and that you are solely responsible for User Content submitted under your account and liable for any complaints or claims related to that User Content.
Disclosure of User Content: Shakespeers reserves the right to access and disclose User Content - to the extent that Shakespeers possesses it - if we believe it is necessary to (i) satisfy applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
Rights in Content Granted by Shakespeers: Subject to your compliance with these Terms, Shakespeers grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display, and print Content made available to you by Shakespeers solely in connection with your permitted use of the Services and solely for your non-commercial purposes.
Payments and Payment Services
General Payment Terms. Shakespeers may allow Users to pay for access to certain features, products, or services (“Purchases”). When you make a Purchase we may allow payments through a variety of different methods, including but not limited to credits cards and other payment platforms that we may choose to authorize and integrate (“Payment Methods”). When you choose to make a Purchase, your Payment Method will be charged for the amount (and, if applicable, on the schedule) that was presented to you at the time of Purchase, plus any sales or similar taxes that may be imposed on that payment. You hereby authorize us to charge your Payment Method for those Purchases. You understand and agree that, by signing up for a paid version of the Services (or by purchasing any other feature, product, or service that we may make available through the services), you will be authorizing Shakespeers and our payment processor to collect, store, transfer, and charge your payment method on file for the agreed upon amount of that transaction. If your primary Payment Method is determined to be expired, invalid, or otherwise not able to be charged, you agree that we may use a secondary payment method in your account, if available. We reserve the right to revoke access to any feature, product, or service that you have purchased in the event that we are unable to charge your Payment Method for the Purchase that you made. Charges paid by you are final and non-refundable, unless otherwise determined by Shakespeers.
Subscriptions. Certain Shakespeers features and functionality are only available to individuals who have Purchased a paid subscription (“Subscriptions”). Subscriptions will consist of a one-time charge, followed by recurring charges (typically monthly recurring charges) as disclosed to you at the time you Purchase the Subscription. By Purchasing a Subscription, you acknowledge that there is an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. You agree that we may submit periodic charges (monthly or otherwise, as disclosed) based on your elected subscription plan, without further authorization from you, until you provide notice (receipt of which is confirmed by us) that you have canceled your subscription, terminated this authorization, or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could react to your notice. Your non-termination of a Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Subscription fees. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your Subscription (or as your payment terms may be amended thereafter). Finally, you understand that recurring Subscription prices may change in the future, provided that Shakespeers will give you at least 30 days notice of such change with the option to cancel future payments.
Direct Billing. If you choose direct billing (e.g., credit card) for any Purchase, we will use a third-party payment processor to bill you through the Payment Method linked to your account on the Services. Notwithstanding any amounts owed to Shakespeers hereunder, we do not process payments for any services. To facilitate payment for the Services (e.g. via credit card, Google Pay, Apple Pay) we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Use, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Shakespeers assumes no liability or responsibility for any payments you make through the Service. You must provide and maintain a current, complete and accurate Payment Method. You represent and warrant that you have the legal right to use any such Payment Method. By signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand. You authorize us to attempt repeat charges on your Payment Method if an initial attempt to charge fails.
Promotions and Discounts. Shakespeers may offer discounted Subscriptions or other discounts or promotions (“Promotions”) from time to time, which may result in different amounts charged for the same or similar feature, product, or service. Any applicable sales and use taxes and services fees will be calculated based on the discounted Subscription value after the Promotion is applied. Certain Promotions may only be redeemed once you achieve a specified minimum fee threshold, and any sales or use taxes or service fees do not count towards achieving such threshold. Unless otherwise stated by us in writing, you may only use one Promotion at a time and cannot combine Promotions or any other discounted offers. You may not sell or transfer your Promotion. We may modify or cancel any Promotion at any time. If you violate these Terms, Shakespeers reserves the right to cancel your Promotion.
Feedback
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@shakespeers.com, by responding to emails or surveys we send, and through other means. Please note though that we may use, copy, modify, or publish Feedback that you send us. (However, to the extent any of your Feedback is made public by Shakespeers, we will remove any identifying information about you.) Toward that end, you grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license to any and all intellectual property rights in the Feedback you provide us.
Your General Representations and Warranties
By using the Services, you expressly represent and warrant that your use of the Services is for a personal, non-commercial use. When using the Services, you agree to comply with all applicable laws. By using the Services, you represent, warrant, and agree to all of the following:
General Prohibitions and Shakespeers's Enforcement Rights
You agree not to do any of the following, and acknowledge that any of the following conduct is grounds for Account suspension or termination:
Electronic Signatures
For some activities related to the Services, Shakespeers may permit you to use your personal computer or mobile device to consent to certain provisions, terms, or agreements. In these cases Shakespeers will indicate what action you should take to indicate your agreement and consent (for instance, checking a box, tapping a button that says “Agree”). You agree that by conducting that indicated action, you are providing your electronic signature and agree to be bound by the Terms in such Communication just as if you had signed your name to a paper document.
Termination
This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Agreement. Upon termination of this Agreement for any reason: (1) all rights granted to you under this Agreement shall terminate; (2) you will immediately cease all use of and access to the Services; and (3) Shakespeers may, in its sole discretion, delete your Account or your Content at any time. Sections of this Agreement that are intended by their nature to survive termination, shall survive termination.
Disclaimers
The following disclaimers are made on behalf of Shakespeers, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR- FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
Indemnity
You agree to indemnify, protect and hold Shakespeers and its parents, subsidiaries, affiliates, and assigns, and their respective officers, directors, employees, agents, representatives and service providers harmless from any and all claims, demands, damages, suits, losses, liabilities and causes of action (including without limitation, the cost of defense, attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by Shakespeers or its parent, subsidiary and/or affiliated companies) arising directly or indirectly from, as a result of or in connection with: (i) User Content; (ii) your failure to comply with any of these Terms; (iii) your violation of any applicable laws, rules or regulations related to your use of the Services; and (iv) your use of the Services. Shakespeers reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Shakespeers in asserting any available defenses.
Claims of Infringement
Claims of Infringement. Shakespeers respects your copyrights and other intellectual property rights and those of other third parties. Please see our Copyright Policy for information about how to contact us if you believe any content hosted by Shakespeers infringes your intellectual property. Note that the Copyright Policy is hosted by and refers to Speakeasy Events, which is our legal corporate name. Shakespeers is a service offered by (and DBA of) Speakeasy Events.
Telecommunications Consent
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from Shakespeers or anyone calling on its behalf, you expressly consent to be contacted by Shakespeers and anyone calling on its behalf for any and all purposes arising out of or relating to this Agreement or your use of the Services, at any telephone number, or physical or electronic address you provide or at which you may be reached. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we may listen to and record calls for quality monitoring purposes. You consent to receive communications from us in electronic form should we so elect, including any and all disclosures and other communications that are required by law.
Limitation of Liability
NEITHER SHAKESPEERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHAKESPEERS OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SHAKESPEERS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED US DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHAKESPEERS AND YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH ANY AND ALL RELEASES UNDER THIS AGREEMENT, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Jurisdictional Issues
Shakespeers makes no representation that all Services are appropriate or available for use in your jurisdiction. Some products and services may not be available in all jurisdictions. If you choose to access the Site or Services, you do so on your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules and regulations.
Reliance on Information Provided
The information presented throughout the Services is made available for general information purposes only. Shakespeers does not warrant the accuracy, completeness, or usefulness of the information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents. Information presented within the Services is not endorsed by Shakespeers and does not necessarily represent the views or opinions of Speaksy. To the extent any Content provides guidance or advice of any type - whether medical, financial, or advice of any other type - any such reliance you place on that guidance or advice is at your own discretion and risk, and Shakespeers expressly disclaims all liability and responsibility arising from any such reliance.
Links to Third Party Sites
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge and agree that Shakespeers shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of or reliance on any content, goods, or services available through any third-party website or resource. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Governing Law
Except as otherwise provided in the Dispute Resolution provision below, these Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions.
Dispute Resolution
Notices
Any notices or other communications provided by Shakespeers under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights
Shakespeers's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Shakespeers. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Entire Terms
These Terms constitute the entire and exclusive understanding and agreement between Shakespeers and you regarding your use of the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Shakespeers and you regarding the use of the Services. This notwithstanding, some parties to these Terms may additionally enter into other agreements with Shakespeers that modify or extend the provisions of these Terms.
Except as otherwise stated, if any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Shakespeers's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Shakespeers may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Employment Opportunities
Shakespeers is committed to the principles of equal employment opportunity. Applications are considered for all positions without regard to race, sex, sexual orientation, ethnicity, religion, national origin, age, disability (so long as such disability can be reasonably accommodated), or any other status protected by applicable law. Shakespeers encourages all qualified applicants to apply.
Contact Us
If you have any questions about these Terms or the Services, please contact us at info@shakespeers.com.